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Environmental Issues Ny Disclosure RequirementsAsbestos_and_environmentalMEDIUM

A buyer's agent in New York notices that their client's target property has a New York DEC spill number posted on the premises. The seller claims the spill was fully remediated three years ago. What should the agent recommend to protect the buyer?

Correct Answer

D) Request a No Further Action letter from DEC and consider independent environmental testing

A No Further Action letter from DEC provides official confirmation that remediation is complete and meets regulatory standards. Independent environmental testing provides additional verification that contamination has been properly addressed. This combination offers the buyer maximum protection.

Answer Options
A
Accept the seller's representation since DEC would have removed the spill number if issues remained
B
Include a clause in the purchase contract making the seller liable for any future environmental issues
C
Contact DEC directly to verify the current status of the spill remediation
D
Request a No Further Action letter from DEC and consider independent environmental testing

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Related Topics & Key Terms

Key Terms:

dec_spill_numberno_further_actionremediation_verificationenvironmental_testing

Related Concepts

Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.

Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

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